Given the prominence of both negotiation and mediation as a means of resolving legal disputes, the ability to effectively negotiate and represent clients in mediation are essential lawyering skills.Through readings, demonstrations, role plays, critique, class discussions, presentations, and written assignments, this course will examine the theory and practice of negotiation and mediation, and will help students develop skills to negotiate effectively and to represent clients in mediation.As part of the course, students will take part in a series of increasingly complex simulations emphasizing various components of negotiation and mediation advocacy.The goals of the course include: considering the appropriate roles of negotiation and mediation as means of conflict resolution; introducing the principles of negotiation; developing effective communication skills; experiencing and analyzing various approaches to negotiation, mediation models and mediator styles; fostering emotional literacy and reflective skills; understanding experientially the lawyer’s role in negotiation and mediation and developing skills in preparing and representing clients in mediation.

Materials

TBD

Course Format

Written Assignments

Type of Exam

Basis for grading

You are expected to attend every class and to participate thoughtfully in class discussions and simulations.Your grade will depend upon your active participation in class (50%); weekly reflection papers of 2-4 pages (25%) and the quality of your preparation and performance in simulations (25%).